The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-31

by said Taxing District, bat that such |
new analyses are not 10 be required |
ofteuer THAN twice per sunum, and
the cost Of any such analyses is to be |
paid for by the said Taxing District II
ths water appears thereby be up to |
thu standard Of this contract; other
wse to be paid for by said Artesian
Water Company.
Thirteent That tits furth er agreed
that any private consumer Of the
water 10 be supplied by said ATtesisn
Water Company may at any time
cease to take and use the same upon
giving said water company one days
written notice at It's Office OF purpose
30 to do; and in this event, said water
comp any will refund to taid private
consumer 60 much Of the water rata
as may have been collected and shall
not have bean earned by said water
company, less the usual charge for
turning of the water, the oonsump.
ton thereof to be paid for up to the
date OF the expiration Of said notice.
And that said turning of shall be
done by said wat company and
shall be paid for by said consumer.
Fourtsenth-ihst IL is further uu.
derstocd and agreed that II Q aid Arts-
eia1 Water Company aud the Memphis
Water Company ehould consolidate,
legally or practically, or should come
under q common managemt nj or con-
troll, then the amount thereafter to
become due to said Artesian Water
Company under this contract shall be
abated by the amounts thereafter to
become due to said Memphis Water
Company under Its existing contract
with the Taxing District. But
said attainment shall be made
and shall continue only 90 long as the
district shall remain liable 10 said
Memphis Water Company. The pur.
pose Of this clause being that said two
com paDies should not, after consolida-
ton or after coming under one man.
agement or control, claim payment
from the district under both conuacta
And 1t Is agreed that ownership or
control of mai ority OF the stock OF
each company by the fame persons
shall be sufficient evidence OF consol-
idation or common management.
Thia, however, is not to preclude any
other mode OF proving the fact.
Fiiteenth--Tba at this contract shall
* st aud contine in force between the
parties hereto and their Successors for
tue period Of twenty (2O) years from
the date OF its execu ion, unless sooner
abrogoted by mu ual consent or ended
by tue bona file purchase or con.
| structinn OF a general water works
plsnt by and for said Tsxipg District
ss hereinafter provided.
x'eenth-TnAt nothing In this
contract shall be 30 construed rs 10
prohisit OF prevent raid Taxing Dis
Irict from erecting ils own genera sys'
tenn OF water works or from purchasing
any general system of water works
erected by any other company. Ant
upon the comp elton OF the erection
of such new works, OF Of the purcha',
Of such works already constructed
and a then present ability 10 furnish
water sufficient in qlsntiiy and O
sofiicient y good quality fnrpublic acc
private pufpo as IN the judgment o
taid Tsxibg District, formal notice [
the fact shall be given by said Taxing
District to said Artesian Water Com
pany, and six months sfter the date o
such notice this contract snail thereb!
become abrosatsd and void.
nih-Thst II a. any tim
titer ten (l0) years from the date o
the execution Of this contract, tn
said Taxing District should desire 4
acquire the Ownership OF the entir
waterworks, plant and properiiei Q
the aaid Artesiau Water Company, th
latter company hereby agrees TO sa
, the same 10 said municipality upo
: terms fair, just and reasonable 10 bot
. parties: but that said municipalit
shall give sid Artesian Water Con
1 papy six months notice OF i.s dCtsl
( minAtion 10 make said purchase. An
II, by the time OF the expiration
{ said notice, the faid parties shall nc
have ag'otd upon price, thea, tha
: eAid wa.efwofks plant and pr0periit
[ shall be valued by FIVE diainteres,e
3 persons, Two TO BE- appointed
z selected by each party, and n
d az h 10 be- q disibteres,ed moi
!. resident hydraulic ersiloer
4 established reputation ano 10 be Q
i leeted by the four peuonB prev ous
4 appointed by the parties, and upo
' the payment cf the said Arteeis
a Water Company by the said Taxii
}, District OF the valuation no aseeass
v and fIed, the right TO all such waite
o works D ant and properties shall v.
. In said Tsxing District. Aud in Il
II event that taid AneIau Water Coz
b gauy at the end Of laid six mouth
x IA NJ refuse, when requested by ea
N Tsxing Distiict, 10 select the two di
interested persons upon It's part
d atoreeaid, then, that eaid Taxing ID
n trio, may, and shall, within ten da!
e after, appoint the four disinteresI'
d persons aforesaid, who thall eele
as the 9th as above provided. II
a, also agreed that the sfJreald 0
ID months ns.ice, whenever given, chi
" be 90 given ~ TO expire on the LIST
10 January or Lot Of July next therealts
70 Elghteenth-Thai this contract
10 made subject 10 the police power
and 10 ali lawful police or health n
ID ulatlons or ordinances now IN force.
"a hereafter enscted by said Taxing ID
" trlct, aud sub jsct TO all lswiul regu
30 tions and ordinances present or iutu
10 or cutting into streets, alleys, etc, o
n. replacing the soil and pavemeI
d, thereof. And the work. Of OPEN
&c streets, ete., shall be done under I
let permit Of the said Taxing District l
At gineer, approved by the President
CO the Fire and Police Commissions. i
er coil and pIvemonis OF all openir
on shall be replaced a. speedily rs pra'
on cable, and 10 a. 10 be In every rep
i'd ia as good condition ~ before
a. opening was made. And II In
IA opinion Of said Taxing District
lid gineer the work Of replacing the I
en- and repaying The pAvements shall
all lie done In the manner aioresald, u
the said engineer mOy do the Gam
ter the ccst Of, and 10 be charged 10 Z
Of paid by, the said ArIosian Water Ok
sll peny.